Code of Criminal Procedure, 1898 PAKISTAN , SECTION 498 TO 528

Code of Criminal Procedure, 1898 PAKISTAN , 

SECTION 498 TO 528

498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under

this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and

the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct

that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.

[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is

registered etc.

Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to

release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in

Court or against whom no case stands registered for the time being and an order for the release of a person

on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so

stands registered against him and is specified in the order or direction.]

499. Bond of accused and sureties. (1) Before any person is released on bail or released on his own bond,

a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be

executed by such person and, when he is released on bail, by one or more sufficient sureties conditioned

that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend

until otherwise directed by the police officer or Court, as the case may be.

(2) If the case so requires, the bond shall also bind the person released on bail to appear when called upon

at the High Court, Court of Session or other Court to answer the charge.

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500. Discharge from custody. (1) As soon as the bond has been executed, the person for whose

appearance it has been executed shall be released ; and, when he is in jail, the Court admitting him to bail

shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order

shall release him.

(2) Nothing in this section, section 496 or section 497 shall be deemed to require the release of any person

liable to be detained for some matter other than that in respect of which the bond was executed.

501. Power to order sufficient bail when that first taken is insufficient. If, through mistake, fraud or

otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court

may issue a warrant of arrest directing that the person released on bail be brought before it and may order

him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

502. Discharge of sureties. (1) All or any sureties for the attendance and appearance of a person released

on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the

applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the

persons so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate

shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon

such person to find other sufficient sureties, and if he fails to do so, may commit him to custody.

CHAPTER XL - OF COMMISSIONS FOR THE EXAMINATION OF WITNESSES

503. When attendance of witness may be dispensed with. (1) Whenever, in the course of an inquiry, a

trial or any other proceeding under this Code it appears to a District Magistrate, a Court of Sessions or the

High Court that the examination of a witness is necessary for the ends of justice and the attendance of such

a witness cannot be procured without an amount of delay, expense or inconvenience which, under the

circumstances of the case, would be unreasonable, such Magistrate or Court may dispense with such

attendance and may issue a commission to any District Magistrate or Magistrate of the first class, within

the local limits of whose jurisdiction such witness resides, to take the evidence of such witness.

[(2) * * * * *]

[(2-A) When the witness resides in an area in or in relation to which the President has Extra-Provincial

jurisdiction within the meaning of the Extra-Provincial Jurisdiction Order, 1949, (G.G.O. No. 5 of 1949)

the commission may be issued to such Court or Officer, in the area as may be recognized by the President,

by notification in the official Gazette as a Court or officer to which or to whom commission may be issued

under this sub-section and within the local limits of whose jurisdiction the witness resides.]

(2-B) When the witness resides in the United Kingdom or any other country of the Commonwealth [....}, or

in the Union of Burma, or any other country in which reciprocal arrangement in this behalf exists, the

commission may be issued to such Court or Judge having authority in this behalf in that country as may be

specified by the Central Government by notification in the Official Gazette.

(3) The Magistrate or officer to whom the commission is issued, [x x x] shall proceed to the place where

the witness is or shall summon the witness before him, and take down his evidence in the same manner,

and may for this purpose exercise the same powers, as in trials of [....] cases under this Code.

[(4) Where the commission is issued to an officer as is mentioned in sub-section (2A) he may in lieu of

proceeding in the manner provided In sub-section (3), delegate his powers and duties under the

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commission to any officer subordinate to him whose powers are not less than those of a Magistrate of the

first class in Pakistan.]

504. [Commission in case of witness being within Presidency town.] Omitted by A.O., 1949, Schedule.

505. Parties may examine witnesses. (1) The parties to any proceeding under this Code in which a

commission is issued, may respectively forward any interrogatories in writing which the Magistrate or

Court directing the commission may think relevant to the issue and when the commission is directed to a

Magistrate or officer mentioned in section 503, such Magistrate or the Officer to whom the duty of

executing such commission has been delegated shall examine the witness upon such interrogatories.

(2) Any such party may appear before such Magistrate or officer by pleader, or if not in custody, in person,

and may examine, cross-examine and re-examine (as the case may be) the said witness.

506. Power of [....] Magistrate to apply for issue of commission. Whenever, in the course of an inquiry

or a trial or any other proceeding under this Code before any Magistrate other than a District Magistrate, it

appears that a commission ought to be issued for the examination of a witness whose evidence is necessary

for the ends of justice, and that the attendance of such witness cannot be procured without an amount of

delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, [such

Magistrate if he is a judicial Magistrate, shall apply to the Sessions Judge and if he is an Executive

Magistrate] shall apply to the District Magistrate, stating the reasons for the application; [and the Sessions

Judge or the District Magistrate as the case may be], may either issue a commission in the manner herein

before provided or reject the application.

507. Return of commission. (1) After any commission issued under section 503 or section 506 has been

duly executed it shall be returned, together with the exposition of the witness examined thereunder, to the

Court out of which it issued; and the commission, the return thereto and the deposition shall be open at all

reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in

the case by either party, and shall form part of the record.

(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Evidence Act,

1872 may also be received in evidence at any subsequent stage of the case before another Court.

508. Adjournment of inquiry or trial. In every case in which a commission is issued under section 503 or

section 506, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably

sufficient for the execution and return of the commission.

508-A. Application of this Chapter to commission issued in Burma. The provisions of sub-section (3)

of section 503, and so much of sections 505 and 507 as relates to the execution of a commission and its

return by the Magistrate or officer to whom the commission is directed shall apply in respect of

commissions issued by any Court or Judge having authority in this behalf in the United Kingdom or in any

other country of the Commonwealth ..... or in the Union of Burma or any other country in which reciprocal

arrangement in this behalf exists under the law in force in that country relating to commissions for the

examination of witnesses as they apply commissions issued under section 503 or section 506.

CHAPTER XLI - SPECIAL RULES OF EVIDENCE

509. Deposition of medical witness. (1) The deposition of a Civil Surgeon or other medical witness taken

and attested by a Magistrate in the presence of the accused, or taken on commission under Chapter XL,

may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent

is not called as a witness.

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(2) Power to summon medical! witness. The Court may, if it thinks fit, summon and examine such

deponent as to the subject-matter of his deposition.

510. Report of Chemical Examiner, Serologist etc. Any document purporting to be a report, under the

hand of any Chemical Examiner or Assistant Chemical Examiner to Government [or of the Chief Chemist

of Pakistan Security Printing Corporation, Limited] or any Serologist, finger print expert or fire-arm expert

appointed by Government upon any matter or thing duly submitted to him for examination or analysis and

report in the course of any proceeding under this Code, may without calling him as a witness, be used as

evidence in any inquiry, trial or other proceeding under this Code:

Provided that the Court may [if it considers necessary in the interest of justice] summon and examine the

person by whom such report has been made.]

511. Previous conviction or acquittal how proved. In any inquiry, trial or other proceeding under this

Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law

for the time being in force.

(a) by an extract certified under the hand of the officer having the custody of the records of the Court in

which such conviction or acquittal was had to be a copy of the sentence or order; or

(b) in case of conviction, either by a certificate signed by the officer in charge of the jail in which the

punishment or any part thereof was inflicted, or by production of the warrant of commitment under which

the punishment was suffered: together with, in each of such cases evidence as to the identity of the accused

person with the person so convicted or acquitted.

512. Record of evidence in absence of accused. (1) If it is proved that an accused person has absconded,

and that there is no immediate prospect of arresting him the Court competent to try or [send for trial to the

Court of Session or High Court] such person for the offence complained of may, in his absence, examine

the witnesses (if any) produced on behalf of the prosecution, and record their depositions. Any such

deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, of trial

for the offence with which he is charged, if the dependant is dead or incapable of giving evidence or his

attendance cannot be procured without an amount of delay, expense or inconvenience which, under the

circumstances of the case, would be unreasonable.

(2) Record of evidence when offender unknown. If it appears that an offence punishable with death or 21

[imprisonment for life] has been committed by some person unknown, the High Court may direct that any

Magistrate of the first class shall hold an inquiry and examine any witness who can give evidence

concerning the offence. Any deposition so taken may be given in evidence against any person who is

subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the

limits of Pakistan.

CHAPTER XLII - PROVISIONS AS TO BONDS

513. Deposit instead of recognizance. When any person is required by any Court or officer to execute a

bond, with or without sureties such Court or officer may, except in. the case of a bond for good behaviour,

permit him to deposit a sum of money or Government promissory notes to such amount as the Court or

officer may fix, in lieu of executing such bond.

514. Procedure on forfeiture of bond. (1) Whenever it is proved to the satisfaction of the Court by which

a bond under this Code has been taken, or of the Court of a Magistrate of the first class, or when the bond

is for appearance before a Court, to the satisfaction of such Court,that such bond has been forfeited, the

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Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the

penalty thereof, or to show cause why it should not be paid.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same

by issuing a warrant for the attachment and sale of the movable property belonging to such person or his

estate if he be dead.

(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it;

and it shall authorize the attachment and sale of any movable property belonging to such person without

such limits, when endorsed by the District Magistrate within the local limits of whose jurisdiction such

property is found.

(4) If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound

shall be liable, by order of the Court which Issued the warrant, to imprisonment in the civil jail for a term

which may extend to six months.

(5) The Court may at its discretion, remit any portion of the penalty mentioned and enforce payment in part

only.

(6) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all

liability in respect of the bond.

(7) When any person who has furnished security under section 107 or section 118 ..... is convicted of an

offence the commission of which constitutes a breach of the conditions of this bond, or of a bond executed

in lieu of his bond under section 514B, a certified copy of the judgment of the Court by which he was

convicted of such offence may be used as evidence in proceedings under this section against his surety, or

sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by

him unless the contrary is proved.

514-A. Procedure in case of insolvency or death of surety or when a bond is forfeited. When any

surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the

provisions of section 514, the Court by whose order such bond was taken or a Magistrate of the first class,

may order the person from whom such security was demanded to furnish fresh security in accordance with

the directions of the original order, and, if such security is not furnished, such Court of Magistrate may

proceed as if there had been a default in complying with such original order.

514-B. Bond required from a minor. When the person required by any Court or officer to execute a bond

is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

[515. Appeal from, and revision of, orders under section 514. All order passed under section 514 by a

District Magistrate or a Judicial Magistrate, shall be appealable to Sessions Judge and all such orders

passed by an Executive Magistrate other than a District Magistrate, shall be appealable to the District

Magistrate, or, if no appeal is made against any such order, may be revised, in the case of an order passed

by a District Magistrate or a Judicial Magistrate, by the Sessions Judge, and in the case of an order passed

by an Executive Magistrate other than a District Magistrate, by the District Magistrate.]

516. Power to direct levy of amount due on certain recognizances. The High Court or Court of Session

may direct any Magistrate to levy the amount due on a bond to appear and attend at such High Court or

Court of Session.

CHAPTER XLIII - OF THE DISPOSAL OF PROPERTY

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516-A. Order tor custody and disposal of property pending trial in certain cases. When any property

regarding which any offence appears to have been committed, or which appears to have been used for the

commission of any offence is produced before any Criminal Court during any inquiry or trial, the Court

may make such order as It thinks fit for the proper custody of such property pending the conclusion of the

inquiry or trial, and, if the property is subject to speedy or natural decay, may, after recording such

evidence as it thinks necessary, order it to be sold or otherwise disposed of.

'[Provided that, if the property consists of explosive substances, the Court shall not order it to be sold or

handed over to any person other than a Government Department or office dealing with, or to an authorized

dealer in, such substances]'

(Provided further that if the property is a dangerous drug, intoxicant, intoxicating liquor or any other

narcotic substance seized or taken into custody under the Dangerous Drugs Act, 1930 (II of 1930), the

Customs Act, 1969 (IV of 1969), the Prohibition (Enforcement of Hadd) Order, 1979 (P.O. 4 of 1979), or

any other law for the time being in force, the Court may, either on an application or of its own motion and

under its supervision and control obtain and prepare such number of samples of the property as it may

deem fit for safe custody and production before it or any other Court and cause destruction of the

remaining portion of the property under a certificate issued by it in that behalf:

Provided also that such samples shall be deemed to be whole of the property in an inquiry or proceeding in

relation to such offence before any authority or Court.]

517. Order for disposal of property regarding which offence committed. (1) When an Inquiry or a trial

in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal by

destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or

otherwise of any property or document produced before it or in its custody or regarding which any offence

appears to have been committed, or which has been used for the commission of any offence.

(2) When a High Court or a Court of Session makes such order and cannot through its own officers

conveniently deliver the property to the person entitled thereto, such Court may direct that the order be

carried effect by the District Magistrate.

(3) When an order is made under this section such order shall not, except, where the property is livestock

or subject to speedy and natural decay, and save as provided by subsection (4), be carried out for one

month, or, when an appeal is presented, until such appeal has been disposed of.

(4) Nothing in this section shall be deemed to prohibit any Court from delivering any property under the

provisions of sub-section (1) to any person claiming to be entitled to the possession thereof, on his

executing a bond with or without sureties to the satisfaction of the Court, engaging to restore such property

to the Court if the order made under this section is modified or set aside on appeal.

Explanation. In this section the term 'property' includes in the case of property regarding which an offence

appears to have been committed, not only such property as has been originally in the possession or under

the control of any party, but also any property into or for which the same may have been converted or

exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

518. Order may take form of reference to District or Sub-Divisional Magistrate. In lieu of itself

passing an order under section 517 the Court may direct the property to be delivered to the district

Magistrate or to a Sub Divisional Magistrate who shall in such case deal with it as if it had been seized by

the police and the seizure had been reported to him in the manner hereinafter mentioned.

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519. Payment to innocent purchaser of money found on accused. When any person is convicted of any

offence which includes, or amounts to, theft or receiving stolen property, and, it is proved that any other

person has bought the stolen property from him without knowing, or having reason to believe, that the

same was stolen, and that any money has on his arrest been taken out of the possession of the convicted

person, the Court may, on the application of such purchaser and on the restitution of the stolen property to

the person entitled to the possession thereof, order that out of such money a sum not exceeding the price

paid by such purchaser be delivered to him.

520. Stay of order under sections 517, 518, or 519. Any Court of appeal, confirmation, reference or

revision may direct any order under section 517, section 518 or section 519 passed by a Court, subordinate

thereto, to be stayed pending consideration by the former Court, and may modify, alter or annul such order

and make any further orders that may be just

521. Destruction of libelous and other matter. (1) On a conviction under the Pakistan Penal Code,

section 292 section 293, section 501 or section 502, the Court may order the destruction of all the copies of

the thing in respect of which the conviction was had, and which are in the custody of the Court or remain

in the possession or power of the person convicted.

(2) The Court may, in like manner on a conviction under the Pakistan Penal Code, section 272, section

273, section 274, section 275, order the food, drink, drug or medical preparation in respect of which the

conviction was had to be destroyed.

522. Power to restore possession of immovable property. (1) Whenever a person is convicted of an

offence [of cheating forgery or of an offence] attended by criminal force or show of force or by criminal

intimidation and it appears to Court that by such [cheating forgery force] or show of force or criminal

intimidation any person has been dispossessed of any immovable property, the Court may if it thinks fit,

when convicting such person or at any time within one month from the date of the conviction order the

person dispossessed to be restored to the possession of the same [whether such property is in the

possession or under the control of the person convicted or of any other person to whom it may have been

transferred for any consideration or otherwise'.]

(2) No such order shall prejudice any right or interest to or in such immovable property which any person

may be able to establish in a civil suit.

(3) An order under this section may be made by any Court of appeal, confirmation, reference or revision.

[522-A. Power to restore possession of movable property.-(l) Whenever a person is convicted of an

offence of criminal mis-appropriation of property or criminal breach of trust or cheating or forgery and it

appears to the Court that, by such mis-appropriation, breach of trust, cheating or forgery, any person has

been dispossessed or otherwise deprived of any movable property, the Court may, if it thinks fit, when

convicting such person or at any time within one month from the date of the conviction, order the person

dispossessed or deprived of the property, where such property can be identified, to be restored to the

possession of such property, whether such property is in the possession or under the control of the person

convicted or of any other person to whom it may have been transferred for any consideration or otherwise.

(2) Where the property referred to in sub-section (1) cannot be identified or has been disposed of by the

accused so that it may not be identified, the Court may order such compensation to be paid to the person

dispossessed or deprived of such property as it may determine in the circumstances of the case.

(3) No order referred to in sub-section (1) or sub-section (2) shall prejudice any right or interest in any

movable property which any person may be able to establish in a civil suit'.]

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523. Procedure by police upon seizure of property taken under section 51 or stolen. (1) The seizure by

any police-officer of property taken under section 51, or alleged or suspected to have been stolen, or found

under circumstances which create suspicion of the commission of any offence, shall be forthwith reported

to a Magistrate, who shall make such order as he thinks fit respecting the disposal of such property to the

person entitled to the possession thereof, or, if such person cannot be ascertained, respecting the custody

and production of such property.

(2) Procedure where owner of property seized unknown. If the person so entitled is known, the Magistrate

may order the property to be delivered to him on such condition (if any) as the Magistrate thinks fit. If such

person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying

the articles of which such property consists, and requiring any person who may have a claim thereto, to

appear before him and establish his claim within six months from the date of such proclamation.

524. Procedure where no claimant appears within six months. (1) If no person within such period

establishes his claim to such property, and if the person in whose possession such property was found, is

unable to show that it was legally acquired by him, such property shall be at the disposal of the Provincial

Government and may be sold under the orders of the District Magistrate or Sub-divisional Magistrate or of

[any other Executive Magistrate] empowered by the Provincial Government in this behalf.

(2) In the case of every order passed under this section an appeal shall lie to the Court to which appeal

against sentences of the Court passing such order would lie.

525. Power to sell perishable property. If the person entitled to the possession of such property is

unknown or absent and the property is subject to speedy and natural decay or if the Magistrate to whom its

seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such

property is less than ten rupees the Magistrate may at any time direct it to be sold; and the provisions of

sections 523 and 524 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

CHAPTER XLIV - OF THE TRANSFER OF CRIMINAL CASES

526. High Court may transfer case or itself try it. (1) Whenever it is made to appear to the High Court:-

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

(b) that some question of law of unusual difficulty is likely to arise, or

(c) that a view of the place in or near which any offence has been committed may be required for the

satisfactory inquiry into or trial of the same, or

(d) that an order under this section will tend to the general convenience of the parties or witnesses, or

(e) that such an order is expedient for the ends of justice, or is required by any provision of this Code; it

may order:

(i) that any offence be inquired into or tried by any Court not empowered under sections 177 to 184 (both

inclusive), but in other respects competent to inquire into or try such offence.

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court

subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

(iii) that any particular case or appeal be transferred to and tried before itself; or

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(iv) that an accused person be sent for trial to itself or to a Court of Session.

(2) When the High Court withdraws for trial before itself any case from any Court [....] it shall observe in

such trial the same procedure which that Court would have observed if the case had not been so withdrawn.

(3) The High Court may act either on the report of the lower Court, or the application of a party interested,

or on its own initiative.

(4) Every application for the exercise of the power conferred by this section shall be made by motion,

which shall, except when the applicant is the Advocate-General, be supported by affidavit or affirmation.

(5) When an accused person makes an application under this section the High Court may direct him to

execute a bond, with or without sureties, conditioned that he will, if so ordered, pay any amount which the

High Court may under this section award by way of compensation to the person opposing the application.

(6) Notice to Public Prosecutor of application under this section. Every accused person making any such

application shall give to the Public Prosecutor notice in writing of application, together with a copy of the

grounds on which it is made; and no order shall be mode on the merits of the application unless at least

twenty four hours have elapsed between the giving of such notice and the hearing of the application.

(6A) When any application for the exercise of the power conferred by this section is dismissed, the High

Court may if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by

way of compensation to any person who has opposed the application such sum not exceeding [five hundred

rupees] as it may consider proper in the circumstances of the case.

(7) Nothing in this section shall be deemed to affect any order made under section 197.

[(8) In an inquiry under Chapter VIII or any trial, the fact that any party intimates to the Court at any stage

that he intends to make an application under this section shall not require the Court to adjourn the case; but

the Court shall not pronounce its final judgment or order until the application has been finally disposed of

by the High Court and if the application is accepted by the High Court, the proceedings taken by the Court

subsequent to the intimation made to it shall, at the option of the accused, be held afresh]

(9) x x x x x

(10) If, before the argument (if any) for the admission of an appeal begins, or, in the case of an appeal

admitted, before the argument for the appellant begins, any party interested intimates to the Court that he

intends to make an application under this section, the Court shall, upon such party executing, if so required,

a bond without sureties of an amount not exceeding (five hundred rupees] that he will make such

application within a reasonable time to be fixed by the Court, postpone the appeal for such a period as will

afford sufficient time for the application to be made and an order to be obtained thereon.

526-A. High Court to transfer for trial to itself in certain cases. [Omitted by Ordinance XX of 1969]. S.

2.

527. Power of Provincial Government to transfer cases and appeal. (1) The Provincial Government

may, by notification in the official Gazette direct the transfer of any particular case or appeal from one

High Court to another High Court or from any Criminal Court subordinate to one to another High Court, or

from any Criminal Court subordinate to one High Court, to any other Criminal Court, of equal or superior

jurisdiction subordinate to another High Court, whenever it appears to it that such transfer will promote the

ends of justice, or tend to the general convenience of parties or witnesses.

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Provided that no case or appeal shall be transferred to a High Court or other Court in another Province

without the consent of the Provincial Government of that Province.

(2) The Court to which such case or appeal is transferred shall deal with the same as if it had been

originally instituted in, or presented to, such Court.

528. Sessions Judge may withdraw cases from Assistant Sessions Judge. (1) Any Sessions Judge may

withdraw any case from, or recall any case which he has made over to, any Assistant Sessions Judge

subordinate to him.

(1A) At any time before the trial of the case or the hearing of the appeal has commenced before the

Additional Sessions Judge, any Sessions Judge may recall any case or appeal which he has made over to

any Additional Sessions Judge.

(1B) Where a Sessions Judge withdraws or recalls a case under sub-section (1) or recalls a case or appeal

under sub section (1A), he may either try the case in his own Court or hear the appeal himself, or make it

over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may

be.

(1C) Any Sessions Judge may withdraw any case from, or recall any case which he has made over to, any

Magistrate subordinate to him, and may refer it for inquiry or trial to any other such Magistrate competent

to inquire into or try the same.

Explanation. Omitted by Law Reforms Act 1997 (Act No. XXIII of 1997.

(2)&(3) [Omitted by Act XXI of 1976. ]

(4) Any Magistrate may recall any case made over by him under section 192, sub-section (2), to any other

Magistrate and may inquire into or try such case himself.

(5) A Magistrate making an order under [preceding sub-section] shall record in writing his reasons for

making the same.

[528-A. Powers of District Magistrate for transfer of cases, etc. (1) A District Magistrate may withdraw

or recall any case which he has made over to a Magistrate subordinate to him.

(2) Where a District Magistrate withdraws or recalls a case under sub-section (1), he may either try the

case himself or make it over in accordance with the provisions of this Code for trial to any other Magistrate

subordinate to him.']